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MEMORANDUM
TO: SUP -178 File/Property Research 1/12/2009
FROM: Chris Gathman — Planner III a..
SUBJECT: Longs Peak Dairy feedlot expansion proposal
LOCATION: NW4 NW4 of Section 21, T8N, R65W
ZONING: A (Agricultural)
The applicant is proposing to place 3,000 head of cattle on an existing facility (originally
approved under SUP -178 -160 head dairy). A (Agricultural) zoning allows 4 head of cattle per
acre. The applicant owns the equivalent of 3 sections (approx. 1,920 acres) adjacent to this
proposed facility. Staff reviewed the definition of "adjacent" in the Weld County Code and the
Weld County Comprehensive Plan and determined that this proposed use is considered a Use
by Right under Agricultural zoning.
20RR312I
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Zoning — General Provisions
a. Is subordinate in purpose, area or intensity to the principal BUILDING or USE served.
b. Is normally associated with the principal building or use.
c. Contributes to the needs of the occupants, business enterprise or industrial operation within the
principal BUILDING or USE served.
d. Is located on the same LOT as the principal BUILDING or USE.
Sec. 23-1-90
ADJACENT: When used to indicate land in the immediate vicinity of a LOT, means land which shares a
boun ary Ime with the LOT in question or which would share a boundary line were it not for the separation
caused by a STREET or ALLEY.
ADULT BUSINESS, SERVICE or ENTERTAINMENT ESTABLISHMENT. Any business, service or
entertainment establishment open to the public in which persons appear in a STATE OF NUDITY for the
purpose of entertaining patrons at such establishment. This definition should not include any establishments
offering such entertainment where those establishments hold a valid liquor license pursuant to the Colorado
Liquor Code or Beer Code.
AGRICULTURAL EXEMPT BUILDING: BUILDINGS or STRUCTURES in the A (Agricultural) Zone
District designed and constructed to house farm implements, hay, grain, poultry, LIVESTOCK or other
horticultural products. This structure shall not be a place of human habitation or a place of employment where
agricultural products are processed, treated or packaged, nor shall it be a place used by the public.
AIRPORT: Any locality, situated on water or land which is adapted for the landing and taking off of
aircraft and which may provide facilities for shelter, supply and repair of aircraft, or a place used regularly for
receiving or discharging passengers or cargo by air. Includes all land, BUILDINGS, STRUCTURES or other
improvements necessary or convenient in the establishment and operation of an AIRPORT.
AIRPORT (This definition applies only to AIRPORT when used in the A -P (Airport Overlay District):
Greeley -Weld County Airport, located in Sections 2 and 3, T5N, and Sections 26 and 35, T6N, R65W of the
6th P.M., Weld County, Colorado.
AIRPORT ELEVATION: The established elevation of the highest point on the usable land area (four
thousand six hundred ninety [4,690] feet above sea level).
AIRPORT HAZARD: Any structure, tree or use of land which obstructs the airspace required for, or is
otherwise hazardous to, the flight of aircraft in landing or taking off at the airport.
AIRPORT REFERENCE POINT. The point established as the geographic center of the AIRPORT landing
area. The reference point at Greeley -Weld County AIRPORT is a point three thousand one hundred (3,100)
feet west of the east line of Section 2, T5N, R68W of the 6th P.M., Weld County, Colorado, and two thousand
two hundred fifty (2,250) feet south of the north line of said Section 2, which geographical coordinates are
Latitude 40°26'8" north and Longitude 104°37'55" west.
AIRSTRIP: Any locality, situated on either water or land which is adapted for the landing and taking off of
aircraft, operated by the owner or lessee of the land USED as an AIRSTRIP. An AIRSTRIP may be USED
only for private aircraft owned or leased by the operator of the AIRSTRIP.
23-6
Supp. 14
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3. A.Policy 2.3. Encourage development of agriculture and agriculturally related
businesses and industries in underdeveloped areas, where existing resources
can support a higher level of economic activity. Agricultural businesses and
industries include those related to ranching, confined animal production, farming,
greenhouse industries, landscape production, and agri-tainment or agri-tourism
uses.
C. A.Goal 3. County land use regulations recognize and respect the rights afforded
by the State Constitution and associated statutes of individually decreed water
rights. Water rights are considered real property and should be protected as any
other private property right.
1. A.Policy 3.1. Land use regulations and policies should encourage water rights to
voluntarily remain and be put to beneficial use in the County.
2. A.Policy 3.2. Land use regulations should not interfere with the transfer of water
rights and/or their associated uses.
3. A.Policy 3.3. Land use regulations should consider the traditional and future
operational viability of water delivery infrastructure when applications for
proposed land use changes are considered.
4. A.Policy 3.4. Land use regulations should attempt to limit increased exposure of
liability to water delivery entities when land use changes are considered.
D. A.Goal 4. Promote a quality environment which is free of derelict vehicles, refuse,
lifter, and other unsightly materials.
1. A.Policy 4.1. Property owners should demonstrate responsibility of ownership by
minimizing safety and health hazards resulting from, but not limited to, unsafe or
dangerous structures and noncommercial junkyards.
a. Recommended Strategy A.4.1.a. Develop programs for cleanup of
abandoned property, junk, and weeds.
E. A.Goal 5. Provide for the minimum buildable lot size of parcels in the agricultural
areas created without County approval to be in conformance with State Statutes.
1. A.Policy 5.1. Recognize that viable agricultural operations can function on small
acreages.
a. Recommended Strategy A.5.1.a. Review County regulations and
consider creating a minimum lot size standard of 35 acres in agricultural
areas.
F. A.Goal 6. Provide mechanisms for the division of land in agricultural areas to
support the continuation of agricultural production.
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Sec. 22-2-20. Agriculture Goals and Policies.
A. A.Goal 1. Respect and encourage the continuation of agricultural land uses and
agricultural operations for purposes which enhance the economic health and
sustainability of agriculture.
1. A.Policy 1.1. Establish and maintain an agricultural land use designation to
promote the County's agricultural industry and sustain viable agricultural
opportunities for the future.
2. A.Policy 1.2. Support the development of creative policies for landowners to
voluntarily conserve agricultural land.
a. Recommended Strategy A.1.2.a. Examine opportunities to provide
preservation techniques and incentives for voluntary conservation.
3. A.Policy 1.3. Encourage management practices which sustain practical
agricultural productivity when irrigated lands are converted to non -irrigated
agricultural uses through water transfers, dry -ups, or land idling programs.
a. Recommended Strategy A.1.3.a. Explore incentives or programs to
ensure that weeds are properly managed on dried-up properties.
4. A.Policy 1.4. Recognize the changing dynamics of agricultural land uses, their
locations, and the size and scope of operations when developing land use
regulations.
5. A.Policy 1.5. Support and entice agriculturally related businesses and
processing facilities.
B.
A.Goal 2. Continue the commitment to viable agriculture in Weld County through
mitigated protection of established (and potentially expanding) agricultural uses
from other proposed new uses that would hinder the operations of the agricultural
enterprises.
1. A Pan agricu
2. A. Policy 2.2. Allow commercial and industrial uses, which are directly related to,
or dependent upon, agriculture, to locate within agricultural areas when the
impact to surrounding properties is minimal or mitigated, and where adequate
services and infrastructure are currently available or reasonably obtainable.
These commercial and industrial uses should be encouraged to locate in areas
that minimize the removal of agricultural land from production.
a. Recommended Strategy A.2.2.a. Establish land use regulations which
minimize burdensome restrictions placed on the land use changes.
b. Recommended Strategy A.2.2.6. Facilitate a timely determination in the
approval process for agriculturally related enterprises.
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